Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen this section applies
(1) This section applies if a designated person suspects on reasonable grounds that:
(a) a person (the suspect ):
(i) has a thing under the suspect's immediate control; or
(ii) is occupying a thing; or
(iii) has a thing in a vehicle operated or occupied by the suspect; or
(iv) has brought a thing onto premises at which the Australian Federal Police is performing protective service functions; and
(b) the thing is likely to cause, or is likely to be used by the suspect or another to cause:
(i) substantial damage to a place or a thing in respect of which the Australian Federal Police is performing protective service functions; or
(ii) death or serious harm to a person in respect of whom the Australian Federal Police is performing protective service functions;
in circumstances that would be likely to involve the commission of a protective service offence.
Designated person may stop and search suspect
(2) The designated person may:
(a) stop and detain the suspect for the purpose of searching for the thing; and
(b) do any or all of the following for the purpose of searching for the thing:
(i) if the designated person is of the same sex as the suspect--conduct an ordinary search or a frisk search of the suspect;
(ii) search any thing under the suspect's immediate control;
(iii) search any vehicle operated or occupied by the suspect.
Conditions relating to conduct of search of suspect
(3) If the designated person is not of the same sex as the suspect, an ordinary search or a frisk search of the suspect for the purpose of searching for the thing may be conducted by:
(a) if another designated person of the same sex as the suspect is reasonably available to conduct the search--that designated person; or
(b) if paragraph (a) does not apply but a police officer or an officer of Customs (within the meaning of subsection 4(1) of the Customs Act 1901 ) who is of the same sex as the suspect is reasonably available to conduct the search--that police officer or officer of Customs; or
(c) otherwise--any other person:
(i) who is of the same sex as the suspect; and
(ii) who is requested by the designated person to conduct the search; and
(iii) who consents to conduct the search.
(4) If a designated person requests an officer of Customs or another person to conduct a search of a suspect, the designated person must explain to the officer of Customs or the other person:
(a) if the search requested is an ordinary search--the meaning of an ordinary search; and
(b) if the search requested is a frisk search--the meaning of a frisk search; and
(c) that the officer of Customs or the other person must not use more force, or subject a suspect to greater indignity, than is reasonable and necessary in order to conduct the search.
(5) An action or proceeding, whether civil or criminal, does not lie against a person who conducts a search under paragraph (3)(b) or (c) if the person acts in good faith and does not contravene subsection (6).
(6) A designated person or other person who conducts a search of a suspect under this section must not use more force, or subject a suspect to greater indignity, than is reasonable and necessary in order to conduct the search.
(7) A suspect must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section.
Designated person may search a thing
(8) If subparagraph (1)(a)(iv) applies, the designated person may, for the purpose of searching for the thing mentioned in that subparagraph, search a thing that the designated person suspects on reasonable grounds was brought by the suspect onto premises at which the Australian Federal Police is performing protective service functions.
Other conditions relating to conduct of search of suspect or thing
(9) In searching a thing under subsection (2) or (8), the designated person may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:
(a) if the search is under subsection (2)--the suspect has been given a reasonable opportunity to open the thing or part of it; or
(b) if the search is under subsection (8)--the person (if any) apparently in charge of the thing has been given a reasonable opportunity to open the thing or part of it; or
(c) it is not possible to give that opportunity.